Killpack in court for DUI case, says little


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SALT LAKE CITY -- A former top Republican leader in the Legislature, Sheldon Killpack, made his first appearance in a courtroom Monday, in the case involving drunk driving charges. One question now is whether Killpack intends to contest the traffic stop.

Killpack didn't respond to questions from reporters, and his attorney had just a cryptic response to a question about Utah Highway Patrol dash-cam video -- which, so far, hasn't been released. The UHP contests releasing it could impact the integrity of its case.

Killpack's attorney was asked if he has a problem if UHP releases the video.

"It's not an issue today. After this hearing, I don't care what happens with respect to the video," attorney Ed Brass said.

In a justice court Monday, Brass also said he plans to file a motion "with respect to the stop."

In previous motions against the suspension of his driver's license, Killpack's attorney challenged the traffic stop, claiming UHP troopers "lacked reasonable grounds to request" a blood test from Killpack.

According to court documents, Killpack was pulled over near 3300 South and 700 East at 12:17 a.m. on Jan. 15 on suspicion of drunk driving. Killpack failed field sobriety tests, then refused to take a Breathalyzer test.

According to court documents, a blood test found Killpack's blood-alcohol level above the state's legal limit, measuring at 0.11.

Sources have told KSL News that Killpack had earlier attended a GOP fundraiser, where no alcohol was served, and later went to Liquid Joe's, not far from where we was stopped and arrested.

Killpack resigned his legislative seat the day after the arrest. He's been charged with DUI, a class B misdemeanor, and failure to signal, a class C misdemeanor.

A pre-trial hearing set for Monday was rescheduled until May 25. A state records board ruled UHP must release the video, but the agency is appealing that ruling.

E-mail: jdaley@ksl.com

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